Yes, and someone who drinks a cup of coffee before work is using mind-altering drugs on the job. And yet the vast majority of employers are okay with that. And the vast majority of employers shouldn’t have any substantive problem with an employee who occasionally indulges in pot on the weekend. Some do object, and I absolutely consider it a point against them, even though I don’t use pot. I prefer my employer doesn’t encroach into my private life.
I was drug tested once. I had no idea they would ask for a test until after I had accepted the job offer and given notice to my then-current employer. I didn’t have any major concerns about passing it, but I was furious, and considered begging to keep my current job, despite the fact that my employer was going out of business. (But slowly. It was time to leave, but there was no urgency to do so.)
That company turned out to be a decent employer in all other ways. But I’m definitely on the “no testing” side.
As for the legality of firing someone for using pot in compliance with state law…That’s currently an open question in many jurisdictions, and may be in flux. Most states that legalized recreational cannabis still allow companies to ban it outside of work hours:
The usual argument is that because it remains illegal under federal law, a company can forbid its employees from using cannabis even if the use is locally legal and doesn’t impair the employee’s performance.
But a recent court ruling in MA, citing anti-discrimination laws, said a company couldn’t fire an employee for using medical cannabis.
Note that this was a “poster child” case of an employee doing nothing wrong. She has a clear diagnosis, a medical prescription to consume small amounts of cannabis before supper (after work) to treat the condition, and she explicitly disclosed that when she was hired, and the hiring manager told her it wouldn’t be a problem.
*I saw the best minds of my generation destroyed by madness,
starving hysterical naked,
dragging themselves through the negro streets at dawn looking
for an angry fix of aspirin.
*
Judging by those I’ve met, you are entirely too generous to druggies.
I have no doubt that “they intend to exploit it.”
However, as we have seen with many of their intentions, the actual implementation is likely beyond their capabilities. States are fighting back against what they see as federal overreach. Particularly when the states disagree with the intent.
On a more local level, many police officers aren’t keen on arresting an otherwise upstanding citizen, for merely smoking pot.
well since I was citing personal experience I don’t know why you would think I had something peer reviewed to pull out my butt. However I’ve talked to several psychiatrists who have agreed with my observations.
Just occurred to me that I never answered the OP’s question. I’ll take option C and show him my marijuana prescription. Both my doctor and my shrink approve of my marijuana use, and I’m using it legally. It hasn’t been a problem, and to date I have never been drug tested. To be fair though, I usually sit in front of a computer all day, and I might have had a lot more problems if I was working with heavy equipment.
(I’m in Canada, just in case my username didn’t give that away. As others point out, a medical card means bupkiss under US law.)
Just QFTing this, as there’s a whole lot of truth to this statement. Sure, the guy at the bottom that you deal with is probably cool. His boss probably isn’t. His boss’s boss is not cool at all, and probably has more blood on his hands than you think possible over a drug like pot. This was a big part of why I got my ass documented and got a prescription.
My Doc, my shrink, and I all disagree with your completely baseless assertion that my life would be better if I was drug free. I’m going to continue taking their advice and ignore yours.
As for the “it’s not that hard part,” … well I’m a former heroin addict. All I can say on that subject to you outside the pit is that I’m glad you have never had a serious addiction, because if you had you would never say something that fucking stupid.
Yes it can. This is classic fallacy of the excluded middle.
My lawyer is a regular weed user. He’s also probably the smartest guy I’ve ever met, and I can’t say a single bad thing about him. I can and do bitch about his rates, but even then he’s proven he’s worth it many times. The very fact that I am here instead of being in jail right now is a testament to his skill.
Right. I thank Og on high that I never tried heroin. I’ve helped some people through that and watched them suffer,and I never want to experience it. Nicotine was bad enough for me, thank you.
You have to understand that in our case, a lawyer or judge who uses pot is a de facto criminal. So it’s a little different.
Company policy where I work clearly states that we are subject to random drug testing, and failing a drug test is grounds for termination. Also receiving a DUI, even off the clock, will likely result in dismissal. These policies are, for the most part, dictated by our liability insurance company.
The marijuana issue was specifically addressed and clarified when Colorado, a bordering state, legalized its use. A positive test for marijuana will still result in dismissal whether or not it was legal where you used it.
Besides the fact that I’m sure you don’t really believe this, if the choice was between stopping smoking weed for 6 months and getting a job, or not getting a job, I know which one I would pick.
What if the choice were between abstaining for six months to get this job, or finding some other job with better employment policies?
Because I’d avoid the employer that does drug testing, even though I’d pass the tests. I just don’t want an employer dictating what I do when I’m off the clock like that. I want freedom in my personal life.
(Obviously, I need to manage my personal life so I am in acceptable shape to work. So yes, I can’t drink right before I head to the office, and I need to get enough sleep, and… But those restrictions are practical, and directly impact my employer.)
Maybe the fact that you are an employee and you use illegal drugs may directly impact your employer? Are there other laws you feel you can break before it directly impacts your employer?
I’ve had to refuse a couple of job offers over the years when they mentioned drug testing and lie detectors. Seriously, actual grownups wanted me to give them my urine and submit to that ridiculous machine before I could be allowed to code for them. The money would have been better but I would have felt like the boss had his hand in my pants 24 hours a day.
I politely explain to those employers that I refuse to be tested for what I do in my own time and they politely show me to the door.
How on earth would that impact my employer? They don’t own me. I am not their minor child. I don’t handle controlled substances as part of my employment. What sort of impact do you think it might have?
Now, I understand that if I were a bus driver, and I crashed a bus full of customers, and I was found to be high, that would reflect badly on my employer. And I am close enough to influencing my employer’s money that it would be problematic if I were found guilty (or even seriously suspected) of a financial crime. But if I were convicted of smoking pot? I suppose the local newspaper article might mention my employer, if that even rated a local news article. So what? No rational person would wonder if they ought to use my employer’s products just because one random employee was found guilty of that.
By the way, I don’t use illegal drugs. I don’t even enjoy alcohol much, and haven’t been drunk since a couple of youthful experiments that taught me I didn’t enjoy that. It’s the invasion of privacy that bothers me. That, and the implication (that perhaps you are making?) that my employer DOES own me. I really resent that implication, and would just as soon work for a company that treats me as a person with my own volition, thanks.
